File No. 300.115C42/16

The Ambassador in Austria-Hungary ( Penfield) to the Secretary of State

[Telegram]

1654. Your 1436, December 2, 2 p.m.,1 and 1498, January 16, 4 p.m.2 Minister for Foreign Affairs states that, according to data furnished by Austro-Hungarian naval authorities, S. S. Chemung was stopped November 26 last, near Cape Gataby [de Gata], submarine hoisting signal “bring ship’s papers on board” and wide warning shot across bow. Weather fine and almost calm. After first shot, notwithstanding lengthy wait, no steps taken on board steamer to lower boat, therefore second shot fired across bow. Signal easily recognizable, distance being about 3,000 meters. Steamer then sent boat with first officer bringing ship’s papers, showing cargo to consist war material for Italy. Ship’s officer notified ship would have to be sunk. He was asked if there was also ammunition on board, his answer indicating there was none but only “blasting caps” in cargo. Term “blasting caps” not being known on submarine no especial investigation made, since it was assumed if explosives involved officer would have added more explanatory remark, such as “dynamite.” Signal “leave the ship” was hoisted and boat returned to ship. Entire crew had made preparation to [Page 94] leave and went into boats with hats, overcoats, walking sticks, and packed valises. It was distinctly seen that abandoning of ship had already been taken into consideration and therefore everything was in readiness. After launching, boats had been rowed away to a considerable distance. First intention was to sink ship from leeward but submarine having approached too close after firing two shots in stern other shots fired from windward at distance of about 100 meters. After two or three shells entire steamer suddenly blew up with violent explosion. Falling of main mast and debris did not damage submarine or lifeboats with Americans in spite of proximity. Suspicion arose that Americans had intentionally refrained from mentioning presence of explosives and captain asked how explosives came to be on board. He replied explosion due to “blasting caps” which were composed of dynamite. Two boats then taken in tow and conducted to coast about 50 nautical miles distant. Boats cast off when coast still 3 nautical miles distant, as unknown steamer appeared about 4,000 meters away steering directly for submarine which submerged. Cargo steamer stopped, taking crew Chemung on board and picking up boats. In submitting above report naval section of Austro-Hungarian Ministry of War adds that it should not fail to mention according to its view crew Chemung in any case intended damaging submarine. Minister for Foreign Affairs refers to Austro-Hungarian prize-court order of November 28, 1914, and says:

It is of course understood that a neutral government is at liberty to resort to diplomatic channels if it finds itself unable to accept a decision of the prize court of last instance as satisfactory. The Imperial and Royal Government would be able to take a position in the matter of the treatment of persons found on board a prize because this question does not belong to the competency of the prize courts.

Copy of note by pouch, leaving here 25th instant.

Penfield